The Oregon Appellate Review is a blog dedicated to a timely examination of cases from the Oregon Supreme Court, Oregon Court of Appeals, and on occasion, the US Court of Appeals for the Ninth Circuit. Kristian Roggendorf is constantly looking at appellate decisions as they are issued to find cases that have an impact on child abuse litigation, Oregon tort law generally, civil rights, election law, and constitutional interpretation. Check back often for the latest word in the world of Oregon appellate law.

Barnes-Wallace v. Boy Scouts of America — Allowing Scouts to Operate Public Facilities is Not Advancing Religion

  Sure O’Donnell Clark & Crew LLP sues the Boy Scouts when they are responsible for hurting children, but that doesn’t mean that the Scouts should be excluded from the public sphere. 

The Importance of Proper Diction

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OAR — WHAT THE MEANING OF “OR” IS

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What this Fast and Furious/Holder Contempt Deal is Really About

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The Biggest Domino Yet

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The Second Major Blow to Public Sector Unions

  First there was the failure of the Wisconsin recall of Governor Scott Walker after he barred collective bargaining by public employee unions.  Now, the United States Supreme Court has shifted the presumption in the payment of union dues for political activities.  The public sector unions may finally start to be reined in by a populace that can no longer afford the generous salaries, lush benefits packages, and constitutional barriers to termination that public employees now enjoy.  In this trying economy, we can simply no longer afford it.

OAR – Putting Some Meat on the Skeleton of Holmes v. Clackamas County.

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The Gift That Keeps on Giving

Is threatening to disclose someone’s sexually transmitted disease (genital herpes) on social media grounds for a domestic violence restraining order, particularly after they have admitted giving it to the person doing the disclosing? One might think that admitting to a battery (sexual contact while falsely concealing a venereal disease) would stop most people from filing a lawsuit against the person to whom they gave the disease. Not so.